OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
October 26, 1993
Mr. Jay Thomas Korth
Korth & Korth
28 Forest Avenue
Lynbrook, New York 11563
Dear Mr. Korth:
This is to confirm in writing the information provided to you by telephone conversation on October 8 in response to your letter of September 15. In that letter you requested the Occupational Safety and Health Administration (OSHA) to provide you with information relative to fork-lifts used in construction.
With respect to your specific questions, please be advised as follows:
1.) Back-up alarms are not required on fork-lifts used in construction.
2.) The type of data you requested on violations, complaints, and accident reports concerning fork-lifts, is not compiled by OSHA.
3.) Copy of applicable regulations is enclosed.
If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.
Sincerely,
Roy F. Gurnham, P.E., Esq.
Director Office of Construction and Maritime
Compliance Assistance
Enclosure
September 15, 1993
O.S.H.A.
Department of Labor
200 Constitution of Labor
Washington, D.C. 20210
A request is for information is hereby made, pursuant to the Freedom of Information Law and other Federal regulations intended to facilitate the free-flow of information concerning safety in the work place.
1) When were back-up warning signals first required on fork-lifts?
2) Kindly inform us of the record of violations, complaints and accident reports concerning a materials handling vehicle also known as a fork-lift. The specific model of concern is fork- lift Model 710 produced by the P.C.M. Division of the Koehring Co. (now known as AMCA International).
3) As of July 14, 1987, what regulations covered the use of fork-lifts? Please send us a copy of such regulations (and other pertinent information) or at least let us know how we can obtain them.
While we appreciate the fact that you are extremely busy, since the matter involves the safety of construction workers, pedestrians and other, we respectfully request your assistance at the earliest possible moment.
Thank you very much. We look forward to your response.
Yours truly,
KORTH & KORTH